Madhu.T.K
Industrial Relations And Labour Laws
Vivek_hr
Human Resource
Malikjs
Gm (hr)
Tsatchidhanandam
Officer - Hr
VSSARODE
Avp - Hr With Sigrun Realty Ltd.
Jyotinegi
Administration
+1 Other

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Dear Sirs,
I am working in Large scale Manufactuiring Industry. our workforce strength month 1000, I have been provided Trasport facility (bickup and drop) for all employees. Now a days the employees raising problems in transport acitivities, even though the employees group doing indicipline activities in the bus itself. we are not find out the people. We are already paid Transport Allowance along with salary.
In this situation, we can withdraw the Transport facility for employees? if, any legal impack will come?
Pl. advice me.
t satchi

Transport fecility provided by the company is a privilage given to the employees. But a privilage once given will becomes a right always. Certainly, the facility given shall be in concurrent to the provision in the Standing Orders. If you want to withdraw it you can do so provided the standing order is amended accordingly. In fact, standing orders can be amended after 6 months of its coming in to force, but the same can be done only with the permission of the employees/ employees' representatives thereto. I do not think that it is possible to withdraw a facility being enjoyed by the employees. But still you can try that.
Regards,
Madhu.T.K

Thanks Mr.Madhu,
I have not separte Certified Standing Orders. I have followed Model stadning orders only. In this situations, I think, Model standing orders they have not told this activities.
Regards
t satchi

Being an organisation with an employment strength of 1000, you are suppose to have a certified standing orders. The model standing orders given in the Industrial Employment Standing Orders Act are just drafts for easying the act of drafting the standing orders by the respective employers. It cannot be presumed that in the absence of a certified standing orders the one given in the Act will apply. As you have not framed standing orders, you can either go for it now in consultation with employees representatives. Otherwise, you can exhibit a notice stating your decision to withdraw the transport facility in a future date. Don't withdraw it all of a sudden. You wait for the workers' reaction. I am sure that they will defend your move. You can call them for conciliation in which you can narrate the whole story which led to your decision to withdraw the facility. Alternatively, you can also state the cost increase to diesel etc. Try that.Regards,Madhu.T.K
For any indisciplinary acts, you have to take action as per your standing orders. Withdrawal of customary facilities is not a legal solution. But just to create counter pressure you may think of giving notice of change for withdrawal of bus facilities.
Hi, Can u pl. tell me what is Certified Standing Orders or Model standing orders. I am not aware of these terms. rgds, Jyoti Negi
By model standing orders we mean the model/ draft of standing orders given in the Industrial Employment Standing Orders Act. You can take it as it is or by making your own addition or deletion thereto or can draft your own rules for your company. The standing orders so drafted has to be certified by an officer (normally not below the rank of Asst. Labour Commissioner) of the Labour Department of the State Government. The draft shall be signed by the employer as well as by representative of the employees. If there are more than one recognised trade unions in the company, the draft shall bear the signature of all the trade union representatives. The signature of the employees (or representatives) in the standing orders implies concurrence of the employees.
Standing Orders certified by the competent authority is the certified standing orders.
A certified standing order shall be in force for at least six months of its coming in to force and shall be amended by mutual consent which also requires the similar formalities like drafting amendment note taking signature of employees representatives and certification by the Labour Department.

Regards,

Madhu.T.K

Standing orders or model standing orders will frame at time of company formation. In certain companies there would be agreement with the recognized Union as a welfare measure. Other wise the transport fecility provided by the company is also privilage given to the employees. If that agreement with the Union, the company should give a notice saying that the transport facility is being withdrawn.
dear
once fascility given ,canot be withdrawn legally also.however u have given this fascility volunterily.you take legal action agaist them who are creating indicilpline in bus.you can withdraw this fascility illegally only or with the discussion of workers or with agreement with workers by paying something in lieu of bus service.
pls get your standing orders certified with DLC or any other authority in your state.
tks
js malik

please advise the procedure of amending any small part of standing order or changing the language in standing order also let know are standing order made as per state rules and what is the rule applicable in state of haryana for ( overtime ) can denial of overtime by any worker termd as misconduct on his/her part

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